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0840RESOLUTION NO. 839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF FINAL PARCEL MAP NO. 23991, SUDIVISION NO. 88, A SUBDIVISION OF AN EXISTING 5.39 ACRE LOT INTO TWO RESIDENTIAL LOTS FRONTING THE WESTERN SIDE OF PORTUGUESE BEND ROAD IN ZONING CASE NOS. 520A AND 557. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. On July 20, 1995, Dr. Robert W. Marshall, the owner of property at Lot 79-RH, and currently known as 17 Portuguese Bend Road, Rolling Hills, submitted a complete application for a tentative parcel map for the subdivision of the subject 5.39 acre existing property that has one residential unit into two single-family residential lots fronting the western side of Portuguese Bend Road. The tentative map application was approved by the City Council by Resolution No. 781 in Zoning Case No. 520A, which granted tentative parcel map approval of the proposed subdivision on May 28, 1996. Section 2. On April 4, 1997, an application in Zoning Case No. 557 was submitted requesting to modify a condition of the subdivision approval requiring the undergrounding of utilities. On June 9, 1997, based upon information and evidence submitted, the City Council approved a modification to Condition No. 20 related to the undergrounding of utilities and the inability to underground utilities across the canyon. Section 3. The City Council is now in receipt of a report from the City Engineer dated April 20, 1998 determining that Parcel Map No. 23991 is ready for City Council approval and acceptance and/or rejection of the dedications shown thereon. Section 4. Based upon the City Engineer's Report, the City Council finds as follows: a. Pursuant to Section 66474.1 (grounds for denial of a final map) of the Subdivision Map Act, Final Parcel Map No. 23391 is in substantial compliance with the previously approved tentative parcel map. b. This project will not violate any of the provisions of Sections 66474 (grounds for denial of tentative maps), 66474.1 (grounds for denial of a final parcel map) and 66474.6 (discharge of waste) of the Subdivision Map Act. c. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Rolling Hills General Plan. d. That the development of the property as set forth on the final map will not unreasonably interfere with the free and complete exercise of any public entity and / or public utility rights of way and / or easements within the subject division of land, pursuant to sections 66436(a)(i-viii) (statement of record title of interest) and 66465(f) (separate statement of title) of the Subdivision Map Act. Section 5. Based upon the findings contained above, and pursuant to the requirements of the California Subdivision Map Act and the City's Subdivision Ordinance, the City Council hereby approves Final Parcel Map No. 23991. Section 6. The City accepts the dedication of the Flood Hazard Area shown on the map. The City Council finds that all "future" easements shown on said map are not required for present public use, and rejects the offers of dedication of said easements at this time. These offers shall remain open pursuant to Section 66477.2 (offers of dedication) of the Subdivision Map Act. Section 7. The City approves and accepts an agreement to relocate existing power poles and underground affected utilities, a faithful performance bond in the amount of $120,000 and a labor and materials bond of $120,000, each executed by the City of Rolling Hills and American Contractor's Indemnity Company, copies of which are attached hereto as Exhibits "A" and "B" to this Resolution. RESOLUTION NO. 839 -1- Section 8. The City Council hereby instructs the City Clerk to endorse on the face of Parcel Map No. 23991 the certificate which embodies the approval of the map and the acceptance of the Flood Hazard Area dedication and the rejection of the future easements shown thereon. Section 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF APRIL. 1998. ALLEN LA v MAYOR ATTEST: MARILYN L. <ERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 839 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF FINAL PARCEL MAP NO. 23991, SUDIVISION NO. 88, A SUBDIVISION OF AN EXISTING 5.39 ACRE LOT INTO T W O RESIDENTIAL LOTS FRONTING THE WESTERN SIDE OF PORTUGUESE BEND ROAD IN ZONING CASE NOS. 520A AND 557. was approved and adopted at a regular meeting of the City Council on April 27, 1998 AYES: Councilmembers Heinsheimer, Murdock, Pernell Mayor Pro Tem Hill and Mayor Lay. NOES: None. ABSENT: None. ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices r k --I � DEPUTY CITYLCLERK RESOLUTION NO. 839 -2- 1 7 U